Lily Rose Crosset & Others v. Upper Clyde Shipbuilders Ltd (in liq) & Another [2008] CSOH NUMBER97

Reparation - Proof:- In this action the pursuers were the executors and family of the deceased who died from mesothelioma in 2005. The defenders were the successors of the rights and liabilities of the former employers of the deceased. At proof a joint minute of admissions was entered in to in which the defenders admitted liability to make reparation to the first pursuers and the parties agreed damages in the sum of £70,000. The only issue outstanding issue related to the sum of £9,912 paid to the deceased's estate under the Pneumoconiosis Etc. (Workers Compensation) Act 1979 and whether that sum should be deducted from the £70,000. It was submitted on behalf of the pursuers that to deduct the figure would result in the pursuers being under-compensated. It was submitted on behalf of the defenders that the payment under the 1979 Act fell to be deducted. The only issue before the court was whether the payment under the 1979 Act fell to be deducted from the sum of £70,000.